A real estate licensee may provide real estate services to any party in a prospective transaction, with or without an agency relationship to one (1) or more parties to the transaction. Until such time as a licensee enters into a specific written agreement to establish an agency relationship with one (1) or more parties to a transaction, the licensee shall be considered a facilitator and shall not be considered an agent or advocate of any party to the transaction. An agency or subagency relationship shall not be assumed, implied or created without a written bilateral agreement that establishes the terms and conditions of the agency or subagency relationship. The negotiation and execution of either an exclusive agency listing agreement or an exclusive right to sell listing agreement with a prospective seller shall establish an agency relationship with the seller.
Acts 1995, ch. 246, § 3; 1996, ch. 772, § 4; 2006, ch. 738, § 1.
Notes of Decisions
Moody Realty Co., Inc. v. Huestis, 237 S.W.3d 666 (Tenn. Ct. App. 2007).
· cites it 2× “See Tenn.Code Ann. § 62-13-401 (1997) (providing also that an agency relationship is not necessary for a real estate agent to provide services to a party in a prospective transaction).”
Coldwell Banker-Hoffman Burke & Donna Sliney v. Kra Holdings, 42 S.W.3d 868 (Tenn. Ct. App. 2000).
· cites it 4× “The defendants argued that the plaintiffs were not entitled to recover damages for nonpayment of the commission because (1) they were not the procuring cause of the sale; (2) Sliney, as an affiliate broker, could not lawfully collect a real estate commission; and (3) Sli-ney…”
Realty Store, Inc. v. Tarl P'ship, 153 S.W.3d 366 (Tenn. Ct. App. 2004).
· cites it 4× “Pursuant to Tenn. Code Ann. § 62-13-401 , a broker cannot be a facilitator, once a written agency agreement is involved.”
Jerry Ann Winn v. Welch Farm, LLC & Richard Tucker (Tenn. Ct. App. 2010).
· cites it 2× “§ 62-13-101 , as a licensed real estate agent “to disclose known possible defects and soil deficiencies” and that failure to disclose was a breach of the Tennessee Real Estate Broker License Act of 1973, Tenn. Code Ann. § 62-13-401 through -408, and a breach of the duty of good…”
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